You are on page 1of 3

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOA DING OR USING THIS PRODUCT

OR OPENING THE PACKAGE CONTAINING THE PHYSICAL MEDIA ON WHICH THE SOFTWARE IS PROVIDED. THIS IS A LICENSE FOR A PRODUCT CONSISTING O F COMPUTER SOFTWARE PROGRAMS, A CD-ROM OR OTHER PHYSICAL MEDIA CONTAINING THE PR OGRAMS (IF PROVIDED IN THAT FASHION), AND THE ACCOMPANYING USER DOCUMENTATION. T HIS PRODUCT IS LICENSED (NOT SOLD), AND IS PROTECTED BY COPYRIGHT LAW. BY DOWNLO ADING ANY PORTION OF THIS PRODUCT, USING THE PRODUCT, OR OPENING THE PACKAGE CON TAINING THE PHYSICAL MEDIA ON WHICH THE SOFTWARE IS PROVIDED, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO B E BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT DOWNLOAD THIS PRO DUCT, OR, IF YOU HAVE PURCHASED THIS PRODUCT WITH PHYSICAL MEDIA, SHOULD PROMPTL Y RETURN THE PRODUCT PACKAGE IN UNOPENED FORM, AND YOU WILL RECEIVE A REFUND OF YOUR LICENSE FEE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERN ING THE PROGRAM BETWEEN YOU AND DIGITAL FILM TOOLS, LLC (THE "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PAR TIES. 1. LIMITED NONEXCLUSIVE LICENSE. You acknowledge that you are acquiring only a l imited nonexclusive license to use the Program and the computer programs contain ed therein in machine-readable, object code form (the "Software") and the accomp anying User Documentation, as authorized in this License Agreement (the "License "). Licensor remains the sole owner of all right, title and interest in the Prog ram (including the Software) and in any copies of it. You may use the Software o nly on a single computer owned, leased, or otherwise controlled by you; in the e vent of the inoperability of that computer, you may use the Software on a backup computer selected by you. You will not concurrently use the Software on two (2) or more computers or use the Software in a local area network or other network without separate prior written authorization by Licensor and the payment of othe r license fees. You agree that you will not assign, sublicense, transfer, pledge , lease, rent, or share your rights under this License Agreement. You may make o ne (1) copy of the Software solely for backup purposes; you may make one (1) cop y of the User Documentation for backup purposes only. Any such copies of the Sof tware or the User Documentation must include Licensor's copyright and other prop rietary notices. You agree not to make or to permit the making of copies of the Software or the User Documentation except as authorized by this License Agreemen t or otherwise authorized in writing by Licensor. You agree that you will not re verse assemble, reverse compile, or otherwise translate the Software. 2. LIMITED WARRANTY. Licensor warrants to you that, for a period of ninety (90) days after delivery of this copy of the Program to you: (1) the physical media on which the Software is delivered, if any, are free fr om defects in material and workmanship under normal use, (2) the Software will p erform in accordance with the User Documentation distributed with it by Licensor , and (3) to the best of Licensor's knowledge, your use of the Software in accor dance with the User Documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IM PLIED, AND LICENSOR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCL UDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, OF NONINFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless whether Lic ensor knows or has reason to know of your particular needs. No employee, agent, dealer or distributor of Licensor is authorized to modify this limited warranty, nor to make additional warranties. No action for any breach of the above limite d warranty may be commenced more than one (1) year following the expiration date of the limited warranty. If implied warranties may not be disclaimed under appl icable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU. Some states do not allow limitat ions on how long an implied warranty lasts, so the above limitation may not appl y to you. This limited warranty gives you specific legal rights; you also may ha ve other rights which vary from state to state.

3. LIMITED REMEDY. Your exclusive remedy in the event of a breach of the foregoi ng limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in thi s Section 3. In such event, you agree to return to Licensor all copies of the So ftware and pay for shipping; you must include a dated proof of the date on which this copy of the Software was delivered to you, such as a copy of your dated re ceipt or invoice for this copy of the Software. Licensor will, at Licensor's sol e option, either (i) ship you a replacement copy of the Software on nondefective physical media at Licensor's expense or (ii) refund your license fee in full. T o return copies of the Software, contact Licensor. 4. LIMITATION OF LIABILITY. Independent of the foregoing provisions, Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreeme nt will not exceed the license fee paid to Licensor for the use of the Software. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIV E, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREE MENT OR YOUR USE OF THE SOFTWARE, regardless whether Licensor knows or has reaso n to know of the possibility of such damages. Some states do not allow exclusio ns or limitations of incidental or consequential damages, so the above exclusion or limitation may not apply to you. 5. INDEMNIFICATION. Independent of the foregoing provisions, you agree to defend and indemnify Licensor against, and hold Licensor harmless from any and all cla ims, damages, losses, and expenses of any kind (including, without limitation, r easonable attorneys' fees) arising from or connected with the operation of your business. 6. TERM; TERMINATION. This License Agreement is effective upon your opening of t his package and will continue until terminated. If you breach this License Agree ment, Licensor may terminate the License immediately by notice to you. You agree that, upon termination of the License, you will either return to us or destroy all copies of the Software and User Documentation in your possession. 7. TRADEMARK. The name of this Product is a trademark of Licensor. No right, lic ense, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such t rademark. 8. NOTICE TO GOVERNMENT END USERS. The Software and Documentation are "Commercia l Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial C omputer Software" and "Commercial Computer Software Documentation," as such term s are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent wi th 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the te rms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 9. MISCELLANEOUS. This License Agreement is the exclusive agreement between you and Licensor concerning the Software and supersedes any and all prior oral or wr itten agreements, negotiations, or other dealings between you and Licensor conce rning the Software. This License Agreement may be modified only by a writing si gned by you and Licensor. If any action is brought by either party to this Licen se Agreement against the other party regarding the subject matter hereof, the pr evailing party shall be entitled to recover, in addition to any other relief gra nted, reasonable attorney fees and expenses of litigation. Should any term of th is License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms of t

his License Agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcemen t of rights or subsequent actions in the event of future breaches. This License Agreement shall be construed and governed in accordance with the laws of the Sta te of California without respect to the principles of the choice of laws or the conflict of laws. 10. TEXTURES. The Textures distributed with this software are Copyright (C) 2002 -2203 Mayang Murni Adnin. 11. ATTRIBUTION. EZ Mask is based on unpublished research and technology by Jue Wang from the Department of Electrical Engineering at the University of Washingt on and is licensed by Digital Film Tools. By downloading or installing this software, you are accepting and agreeing to th e terms and conditions of the above license Agreement.

You might also like